Texas Wesleyan Law Review
The Texas Wesleyan Law Review published 19 volumes of legal scholarship as part of the Texas Wesleyan School of Law, beginning with its first issue in the spring of 1994 and concluding with its final issue in the spring of 2013. In August 2013, Texas A&M University acquired Texas Wesleyan University School of Law, forming Texas A&M University School of Law. Respectively, the Texas Wesleyan Law Review became the Texas A&M Law Review in the fall of 2013.
This archive was created to digitally preserve the scholarship of the academicians, practitioners, and law students who published with the Texas Wesleyan Law Review in an on-line searchable format accessible to all scholars and legal researchers.
To return to the current Texas A&M Law Review page, click here: TAMU Law Review
Recent Content
Texas Family Code Section 263.401: Improving the Mandatory Dismissal Deadline to Be Truly in the Best Interest of the Child
Sherry A. Hess
Cheeseheads and Longhorns: Why Texas Should Follow Wisconsin’s Lead in the Treatment of Limited Liability Company Member Interests as Securities
Kimberley C. Latham
Wyoming Oil and Gas Update
Walter F. Eggers III and Deanna Sami Falzone
Wisconsin Oil and Gas Update
Caitlin Shields
West Virginia Oil and Gas Update
Andrew S. Graham and Cole T. Delancey
Washington Oil and Gas Update
Duncan M. Greene
Virginia Oil and Gas Update
Dan Kostrub and Dominique Ranieri
Texas Oil and Gas Case Law Update
James M. Truss and Benjamin Robertson
Tennessee Oil and Gas Update
Gary Holland and Dominique Ranieri
South Dakota Oil and Gas Update
Max Main
Rhode Island Oil and Gas Update
Mark Patrick McGuire
Pennsylvania Oil and Gas Update
Nathaniel I. Holland
Oklahoma Oil and Gas Update
Mark D. Christiansen
Ohio Oil and Gas Update
Timothy M. McKeen
New York Oil and Gas Update
Nathaniel I. Holland
New Mexico Oil and Gas Update
Derek V. Larson
New Jersey Oil and Gas Update
Brian Weeks
Nebraska Oil and Gas Update
James R. Nicas and Dominique Ranieri
North Dakota Oil and Gas Update
Christopher D. Friez
North Carolina Oil and Gas Update
James L. Joyce
Montana Oil and Gas Update
Stephen R. Brown
Mississippi Oil and Gas Update
Marcial D. Forester Jr.
Missouri Oil and Gas Update
Nadia B. Ahmad
Michigan Oil and Gas Update
Michael C. Haines
Louisiana Oil and Gas Update
Keith Hall
Kentucky Oil and Gas Update
Diana S. Prulhiere
Kansas Oil and Gas Update
David E. Pierce
Indiana Oil and Gas Update
Karen Greenwell and Ben Keller
Illinois Oil and Gas Update
Robin Levine Stoller Esq., Jessica C. Tully Esq., and Andrew Barber
Florida Oil and Gas Update
Shannon Oldenburg
Colorado Oil and Gas Update
Dave Neslin
California Oil and Gas Update
Edward Renwick
Arizona Oil and Gas Update
Ryan Morgan
DNA, Genetic Material, and A Look at Property Rights: Why You May Be Your Brother's Keeper
Colin McFerrin
Arkansas Oil and Gas Update
Thomas A. Daily
Can Rights Be Different?: Justice Stevens' Dissent in McDonald v. City of Chicago
Kristina M. Campbell
Alabama Oil and Gas Update
Shannon Oldenburg, Ted Holt, and Walton Jackson
Put Up Your Dukes: The Fight Over Commonality in the Era of Wal-Mart v. Dukes
Jennifer Brooks-Crozier
Services Against Our Will: Texas Family Code § 264.203 Is Unconstitutional
Beau T. Sinclair and Christina M. Davis
Executive Summary
Gina S. Warren
Where's the Outrage? "Outrageous" Conduct in Analyzing the Tort of Intentional Infliction of Emotional Distress in the Wake of Snyder v. Phelps
Constance A. Anastopoulo and Daniel J. Crooks III
Ethical Issues in Discovery
Kirby B. Drake
Drilling Into Hydraulic Fracturing and Shale Gas Development: A Texas and Federal Environmental Perspective
Michael Goldman
Moving Through the Rocky Legal Terrain to Find a "Safe" Royalty Clause or a "New" Market at the Well
Patricia Proctor, J. Kevin West, and Gregory P. Neil
Implied Covenants in Oil and Gas Leases in the Appalachian Basin
James C. Wright, Brian J. Pulito, and Cheryl L. Davis
Modifying Oil & Gas Documents for Horizontal Drilling
H. Martin Gibson
Ohio's Experience with Preempting Local Regulation of Oil and Gas Development
Gregory D. Russell and Robert J. Krummen
The Oil and Gas Evolution: Learning from the Hydraulic Fracturing Experiences in North Dakota and West Virginia
Joshua P. Fershee
The Economic Loss Rule and Its Application to the Tort of Negligent Misrepresentation in Texas
Charles E. Fowler Jr.
Precedent, Humility, and Justice
Michael Gentithes
Suicide: A Legal, Constitutional, and Human Right
Adam Lamparello
Drafting and Implementing an Effective Social Media Policy
Susan C. Hudson and Karla K. Roberts (Camp)
Enterprise Software Licensing: New Options - New Obligations
Julie Machal-Fulks and Christopher Barnett
Intellectual Property Issues in E-Commerce
Herbert J. Hammond and Justin S. Cohen
The Merger Clause: A Potential Defense to the Mann Frankfort Implied Promise?
Jay J. Madrid, David F. Johnson, and Joseph P. Regan
Attorneys and Entrepreneurs: Creating Value for Small Business Startups
Laurie A. Lucas and Griffin T. Pivateau
West Virginia
Andrew Graham and Cole DeLancey
Pennsylvania
Nate Holland
North Dakota
Christopher D. Friez
New Mexico
Derek V. Larson and Sarita Nair
Mississippi
Marcial D. Forester Jr.
California
Edward S. Renwick
Executive Summary
Gina S. Warren
Clean Air Act Mayhem: EPA’s Tailoring Rule Stitches Greenhouse Gas Emissions Into the Wrong Regulatory Fitting
Teal Jordan White
Open for Business: The ADA Beyond an Employer’s Front Door
Scott C. Thompson
Back Where You Belong: Individuals, Corporations, and the Third Circuit’s Redefinition of Personal Privacy Under FOIA
Emily A. Schneider
A True Threat to First Amendment Rights: United States v. Turner and the True Threats Doctrine
Casey Brown
Severance v. Your Texas Public Beach
Ellis Pickett
In Defense of Community: Athenian Legal Rhetoric and Its Modern Legacy in American Foreign Policy
Bradley Aron Cooper
Hacking, Theft, and Corporate Negligence: Making the Case for Mandatory Encryption of Personal Information
Stephen J. Rancourt
Fracing the Environment?: An Examination of the Effects and Regulation of Hydraulic Fracturing.
Brian J. Smith
“Comparing Pennsylvania and Texas Law on Ownership and Marital Rights: Common Law v. Community Property - Impact on Oil and Gas Leasing”
Lilly Tade Van Maele, Rebecca Seidl, and Kelly Shapiro
Mineral Royalty Mispayments: The Payor’s Rights, Obligations, and Risks in Royalty Mispayment Scenarios, Including the Pitfalls and Prerogative of Self-Help Recoupment
Douglas R. Hafer and Daniel B. Mathis
Procedural Issues in Eminent Domain
John P. Baker
Air Quality Standards and Oil and Gas Production in Texas: Know Your AMCVs
Andrew D. Sims and J. Zach Burt
Selected Re-Emerging and Emerging Trends in Oil and Gas Law as a Result of Production From Shale Formations
Jeffrey C. King
A Prisoner’s Right to Access DNA Evidence to Prove His Innocence: Post-Osborne Options
Kristen McIntyre
Preserving Attorney-Client Confidentiality at the Cost of Another’s Innocence: A Systemic Approach
Ken Strutin
She Blinded Me With Science: Wrongful Convictions and the “Reverse CSI-Effect”
Mark A. Godsey and Marie Alou
Nurturing Forensic Science: How Appropriate Funding and Government Oversight Can Further Strengthen the Forensic Science Community
Craig M. Cooley
Misuse of DNA Evidence Is Not Always a “Harmless Error”: DNA Evidence, Prosecutorial Misconduct, and Wrongful Conviction
Kimberly Cogdell Boies
Revising Harmless Error: Making Innocence Relevant to Direct Appeals
Helen A. Anderson
Do Non-Discriminatory Peremptory Strikes Really Exist, or Is a Juror’s Right to Sit on a Jury Denied When the Court Allows the Use of Peremptory Strikes?
Jeanette E. Walston
An Apple a Day Keeps Shareholder Suits at Bay: An Examination of a Corporate Officer’s Legal Duty to Disclose Health Problems to Shareholders
Alexis Brown Stokes
Christian Legal Society v. Martinez: The Death Knell of Associational Freedom on the College Campus
Zachary R. Cormier
A Twisted Vine: The Aftermath of Granholm v. Heald
Desireé C. Slaybaugh
Federal Regulation of Greenhouse Gas Emissions a Practical Certainty: How Will the Texas Energy Industry Survive-Maybe Thrive?
Nicholas G. Morrow
Bull’s-Eye: How the 81ST Texas Legislature Nearly Got It Right on Campus Carry, and the 82ND Should Still Hit the X-Ring
Riley C. Massey
Public Policy Favoritism in the Online World: Contract Voidability Meets the Communications Decency Act
Lynn C. Percival IV
Improving the Handling of Mentally Retarded Defendants in the Criminal Justice System
Jacqueline Gonzales
A Practical Guide to Operator/ Surface-Owner Disputes and the Current State of the Accommodation Doctrine
Douglas R. Hafer, Daniel B. Mathis, and Logan W. Simmons
Having Your Cake and Condemning It Too: When Asserting the Power of Eminent Domain Constitutes Breach of an Oil and Gas Lease
John Allen Chalk Sr. and Rebecca K. Eaton
Forced Pooling Within the Barnett Shale: How Should the Texas Mineral Interest Pooling Act Apply to Units With Horizontal Wells?
Ronnie Blackwell
Historic and Modern Social Movements for Reparations: The National Coalition of Blacks for Reparations in America (N’COBRA) And Its Antecedents
Adjoa A. Aiyetoro and Adrienne D. Davis
Accessing the Legal Playing Field: Examining the Race-Conscious Affirmative Action Legal Debate Through the Eyes of the Council of Legal Education Opportunity (CLEO) Program
Dana N. Thompson Dorsey
Ensuring a Multicultural Educational Experience in Legal Education: Start With the Legal Writing Classroom
Johanna K.P. Dennis
Of Turkey Tetrazzini and George Wallace Buttons: The Experiences of the First Cohort of Africanamericans to Attend a Newly Desegregated Law School
William B. Turner
Recreating the Law School to Increase Minority Participation: The Conceptual Law School
Patricia A. Wilson
The Negro National Anthem Controversy
Wendy Tolson Ross
The Affirmatively Hispanic Judge: Modern Opportunities for Increasing Hispanic Representation on the Federal Bench
Linda Maria Wayner
Your Boring Life, Now Available Online: Analyzing Google Street View and the Right to Privacy
Jana McGowen
The Texas Religious Freedom Restoration Act: Does It Really Work?
Christa E. Laneri
128A Notice Requirements: Adding to the Burden or Preventing Fraud for the Texas Probate System?
Catherine S. Curtis
“Context Matters”: The Free Speech Legacy of Sandra Day O’Connor
Emily Buchanan Buckles
Dismissal of a Bankruptcy Chapter 13 Filing: A Debtor’s Unconditional Right or Subject to the Court’s Discretion Based on Bad Faith?
Gabriel C. Gonzalez
Eminent Domain and Pipelines in Texas: It’s as Easy as 1, 2,3- Common Carriers, Gas Utilities, and Gas Corporations
Amanda Buffington Niles
Handling Capital Cases Dealing with the Media
Sharen Wilson and Cynthia Stevens Kent
Drilling Into the Issues: A Critical Analysis of Urban Drilling’s Legal, Environmental, and Regulatory Implications
R. Marcus Cady II
Introduction to Bankruptcy Considerations for Oil and Gas Lawyers
Jason T. Rodriguez
Severance vs. Servitude: Understanding the Differences Between Texas and Louisiana Law Regarding Mineral Rights
David L. Pratt II
Does There Need to Be a Texas Tea Party? Mineral Estate Taxation With Representation
Joseph R. Kimball II
Public Utilities, Eminent Domain, and Local Land Use Regulations: Has Texas Found the Proper Balance?
Michael B. Kent Jr.
Eminent Domain Power Granted to Private Pipeline Companies Meets With Greater Resistance From Property Owners in Urban Rather Than Rural Areas
John Allen Chalk Sr. and Sadie Harrison-Fincher
Ownership and Leasing of Minerals Under Highways and Right-Of-Ways
William G. Bredthauer and Shawna Snellgrove Rinehart
Introduction: Urban Gas Symposium Commentary
Frederic White
American Bar Association: Summary of Ethics Rules Governing Collaborative Practice
American Bar Association Section of Dispute Resolution Collaborative Law Committee Ethics Subcommittee
Domestic Violence and Mediation
Donna Guion
No Strict Evidence Rules in Labor and Employment Arbitration
Michael Z. Green
The Art of Mediating Civil Lawsuits
Mike Amis
The Evolution of Civil Collaborative Law
Sherrie R. Abney
The Cultural and Intellectual Property Interests of the Indigenous Peoples of Turkey and Iraq
Hannibal Travis
Indigenous Intellect: Problems of Calling Knowledge Property and Assigning It Rights
Daniel Austin Green
Using Patents to Protect Traditional Knowledge
Jay Erstling
Indigenizing Intellectual Property Law: Customary Law, Legal Pluralism, and the Protection of Indigenous Peoples’ Rights, Identity, and Resources
Danielle M. Conway
Family Unity for Permanent Residents and Their Spouses and Minor Children: A Common Sense Argument for Revival of the “V” Visa
Wim van Rooyen
Putting Focus Back on the Family: Using Multisystemic Therapy and Regionalized Incarceration as Alternatives to the Texas Youth Commission
Elizabeth Upchurch
Constructive Strict-Approach to Attorney-Client Privilege in Bankruptcy: Lack of Clarity in Rule 502 Makes Its Application to Bankruptcy Unclear
Jason P. Kathman
Love v. Love Handles: Should Obese People Be Precluded From Adopting a Child Based Solely Upon Their Weight?
Kimberly A. Collier
The Monument and the Message: Pragmatism and Principle in Establishment Clause Ten Commandments Litigation
Lael Daniel Weinberger
A Call for the End of Impunity for Multinational Corporations
Regina E. Rauxloh
Global Migrations and Imagined Citizenship: Examples From Slavery, Chinese Exclusion, and When Questioning Birthright Citizenship
Ernesto Hernández-Lopez
A Flock of Trouble: Liability Under Oil and Gas Joint Operating Agreements After Seagull v. Eland
Christopher S. Kulander and David W. Lauritzen
The Supreme Court Perspective of Media Effects as Expressed in Campaign Finance Reform
John A. Fortunato and Shannon E. Martin
The Texas-Size Struggle to Implement Atkins v. Virginia
Sarah Gail Tuthill
The Narrow Passage to Medicare Reimbursement: Where Commercialization Barriers Meet Patients’ Rights
Jack Price
Removing Mud in the Clean Water Act: The Ninth Amendment as a Limiting Factor in Chevron Analysis
Warren Norred
Elected Texas District and County Attorneys’ Perceptions of Crime Victim Involvement in Criminal Prosecutions
John W. Stickels, Bradley Joseph Michelsen, and Alex DelCarmen
Why Is Fairness ‘Grubby’? - Semantics, Etymology, and Perspectives in Dispute Resolution
Barbara Wilson and Alastair Wilson
The Case of Grace James (1827)
Stephen Waddams
In Defense of the Compatibility of Freedom and Equality
Filip Spagnoli
No Air to Breathe: Victims of Sex Slavery in the U.K.
Regina E. Rauxloh
Rights Respiration: Disability, Isolation, and a Constitutional Right of Interaction
Allan H. Macurdy
Vertical Flip
Allen Kamp
Somerset’s Case at the Bar: Securing the “Pure Air” of English Jurisdiction Within the British Empire
Daniel J. Hulsebosch
Codifying Humanity: The Legal Line Between Slave and Servant
Veronica Hendrick
English Common Law, Slavery, and Human Rights
Colin Bobb-Semple
The Profound Influence in America of Lord Mansfield’s Decision in Somerset v. Stuart
Alfred W. Blumrosen
Protecting Gay and Lesbian Families From Eviction From Their Homes: The Quest for Equality for Gay and Lesbian Families in Braschi v. Stahl Associates
Paris R. Baldacci
The Mass Incarceration of African-American Males: A Return to Institutionalized Slavery, Oppression, and Disenfranchisement of Constitutional Rights
Floyd D. Weatherspoon
Eliminating Fear Through Recreating Community in Rwanda: The Role of the Gacaca Courts
Christine M. Venter
The Equality Paradise: Paradoxes of the Law’s Power to Advance Equality
Marcia L. McCormick
Democracy and Human Rights-Not for Gay People?: EU Eastern Enlargement and Its Impact on the Protection of the Rights of Sexual Minorities
Dimitry Kochenov
Blowing the Lid Off: Expanding the Due Process Clause to Defend the Defenseless Against Hurricane Katrina
Olympia Duhart
What Goes Around, Comes Around: Legal Ironies in an Emergent Doctrine for Preserving Academic Freedom and the University Mission
Barbara K. Bucholtz
United States v. Scrushy and Its Impact on Criminal Prosecutions Under the Certification Requirements of Sarbanes-Oxley
Walter Trey Stock
Fantasy Sports and the Right of Publicity: A Case for Viewing Dissemination of Player Statistics as Fair Use of the News
David L. Pratt II
Escape Denied: The Gretna Bridge and the Government’s Armed Blockade in the Wake of Katrina
Rebecca Eaton
A Good Lesson for Texas: Learning How to Adequately Assist Languageminorities Learn English
Sandra Cortes
Insurance Causation: Texas Law on First-Party Claims
Randall L. Smith and Fred A. Simpson
The Tales Television Tells: Understanding the Nomos Through Television
Kimberlianne Podlas
Theory and Anti-theory in the Work of Allan Farnsworth
Larry Garvin, Peter Linzer, Hila Keren, Randy Barnett, and Joseph Perillo
The Prosecution’s Choice: Admitting a Non-testifying Domestic Violence Victim’s Statements Under Crawford v. Washington
Kristine Soulé
Can the Texas Economic Contribution Statute Be Reconciled With the Inception of Title Doctrine?
Emilia Pirgova
The Ties That Bind: Why Texas Should Adopt a Presumption That Relocation Is Not in the Best Interests of the Child
Kelly Gibbons
Take It or Leave It: Eminent Domain for Economic Development-Statutes, Ordinances, & Politics, Oh My!
Patricia J. Askew
What’s So Great About a Trial Anyway? A Reply to Judge Higginbotham’s Eldon B. Mahon Lecture of October 27, 2004
Terry R. Means
Mahon Lecture
Patrick E. Higginbotham
Where Is Law & Literature Headed? Roundtable Discussion
Susan Ayres, Michael Hyde, Susan Sage Heinzelman, Ian Ward, and Melanie Williams
Harry Potter and the Law
Jeffrey E. Thomas, James Charles Smith, Danaya Wright, Benjamin H. Barton, and Aaron Schwabach
Stories of the Code
Allen Kamp
Lysistrata, Women, & War: International Law’s Treatment of Women in Conflict and Post-conflict Situations
Emma Lindsay
When Literature Becomes Law: An Example From Ancient Greece
Mark J. Sundahl
The Narrative Compels the Result
I.D.F. Callinan
Stories That Make the Law Free: Literature as a Bridge Between the Law and the Culture in Which It Must Exist
Christine Metteer Lorillard
The Handmaid’s Tale of Fertility Tourism: Passports and Third Parties in the Religious Regulation of Assisted Conception
Richard F. Storrow
The Failure of the International Laws of War and the Role of Art and Story-Telling as a Self-Help Remedy for Restorative Justice
Susan Tiefenbrun
Sidestepping Copyright: British Fairy Tale Anthologies of the 19th Century
Megan Richardson and Andrew T. Kenyon
The Dick Whittington Story: Theories of Poor Relief, Social Ambition, and Possibilities for Class Transformation
Helen Hershkoff
Dick Whittington and Creativity: From Trade to Folklore, From Folklore to Trade
Susanna Frederick Fischer
Hadley V. Baxendale: Still Crazy After All These Years? Panel Discussion
Joe Spurlock II, Joseph M. Perillo, Allan C. Hutchinson, Roy Ryden Anderson, and Florian Faust
Relational Contracting In A Digital Age; Panel Discussion
Franklin G. Snyder, Ian R. Macneil, John Kidwell, David Campbell, and Rachel Arnow-Richman
Enforcing the Contract at All (Social Costs: The Boundary Between Private Contract Law and the Public Interest
Deborah Zalesne
A Common Tragedy: The Breach of Promises to Benefit the Public Commons and the Enforceability Problem
Irma S. Russell
Private Law and Public Interest; My Kingdom for a Horse: Reining in Runaway Legislation from Software to Spam
Courtney Lytle Perry
Hadley v. Baxendale: Contract Doctrine or Compensation Rule?
Andrew Tettenborn
The Relational Constitution of Remedy: Co-Operation as the Implicit Second Principle of Remedies for Breach of Contract
David Campbell
Extending the Lessons of Hadley v. Baxendale
John Kidwell
The Common Law of Contracts: Are Broad Principles Better Than Detailed Rules? An Empirical Investigation
M. P. Ellinghaus and E. W. Wright
The Interpretive Project and the Problem of Legitimacy
Barbara K. Bucholtz
Did We Lose the Baby with the Bath Water? The Late Scholastic Contribution to the Common Law of Contracts
Martin J. Doris
Puritan Revolution and the Law of Contracts
C. Scott Pryor and Glenn M. Hoshauer
Robert J. Pothier's Influence on the Common Law of Contract
Joseph M. Perillo
Work-In-Progress: Evolution and Common Law
Allan C. Hutchinson
Joseph Baxendale
James J. Fishman
The Historical Setting for Hadley v. Baxendale
Hugh Conway-Jones
Introduction, The Shaft: The Hadley v. Baxendale Song
Franklin G. Snyder
Inner Turmoil: Redefining the Individual and the Conflict of Rights Between Woman and Fetus Created by the Prenatal Protection Act
Michelle Haynes
The Un-Established Establishment Clause: A Circumstantial Approach To Establishment Clause Jurisprudence
David W. Cook
The Case for Collaborative Law
Gay G. Cox and Robert J. Matlock
Employment Dispute Resolution Processes 2004
Cecilia H. Morgan
Settlement Advocacy
Kay Elkins-Elliott and Frank W. Elliott
Introduction: Problem Solving Processes: Peacemakers and the Law
Hon. Frank G. Evans
“Tough on Crime” or “Soft on Justice”: An Argument for the Mandatory Application of the Texas Juvenile Justice Code’s Progressive Sanctions Guidelines
Clifford MacKenzie
The Requirement of Statute of Frauds for Real Estate Brokers to Receive Commissions and the Festering Minority View of Equity
Stephanie Councilman
Liability for Student Suicide in the Wake of Eisel
Richard Fossey and Perry A. Zirkel
International Asian Adoption: In The Best Interest of the Child?
Kathleen Ja Sook Bergquist
The Department of Labor’s Failed Attempt at Birth and Adoption Unemployment Compensation: A View Through the Eyes of Texas
R. Scott McKee
The Validity of a Restraint of Trade Clause in South Africa as a Contractual Term in an Employment Contract
Marlize van Jaarsveld
Noncompetes, Human Capital, and Contract Formation: What Employment Law Can Learn From Family Law
Rachel Arnow-Richman
Noncompete Contracts: Understanding the Cost of Unpredictability
M. Scott McDonald
Opposing Excessive Use of Employer Bargaining Power in Mandatory Arbitration Agreements Through Collective Employee Actions
Michael Z. Green
Labor Disputes in Contract Law: The Past and Present of Alaska Packers’ Ass’n v. Domenico
Debora L. Threedy
Foreword: The Role of Contract in the Modern Employment Relationship
Rachel Arnow-Richman
Secondhand Jurisprudence in Need of Legislative Repair: The Application of Strict Liability to Commercial Sellers of Used Goods
Derrick Williams
One Full Bite at the Apple: Defining Competent Counsel in Texas Capital Post-conviction Review
Julie B. Richardson-Stewart
Symposium Materials
Texas Wesleyan Law Review
Cobranding on the World Wide Web
Mike Rodenbaugh, Alan N. Herda, and Mari Stewart
Suing an Electronic Address: In Rem Domain Name Actions Under the ACPA
Jeffrey M. Becker and Timothy F. Bliss
Current On-Line Issues
Wei Wei Jeang Esq. and Robin A. Brooks Esq.
The Anti-Circumvention Provision of The Digital Millennium Copyright Act
Herbert J. Hammond, Heather C. Brunelli, Jocelyn E. Dabeau, Luke A. Walker, and Thomas Yoo
Current Status of Copyright Protection in the Digital Age and Related Topics
David L. Hitchcock and Kathy E. Needleman
Building the Seamless Dispute Resolution Web: A Status Report on the American Bar Association Task Force on E-commerce and Alternative Dispute Resolution
Benjamin G. Davis
The Impact of Computer Security Regulation on American Companies
Dean William Harvey and Amy White
Intellectual Property Financing: Security Interests in Domain Names and Web Contents
Xuan-Thao Nguyen
Protection and Enforcement of New Intellectual Property
David G. Wille, Dana Jewell, and Pamela Ratliff
A Components Approach to Intellectual Property in a Dynamic Technology Environment
Douglas R. Johnson Esq.
Legal Protection for Software: Still a Work in Progress
Robert W. Gomulkiewicz
Beginning a New Tradition ... Intellectual Property, Technology & Borderless Commerce Conference
Xuan-Thao Nguyen
Virtual Strip Searches at Airports: Are Border Searches Seeing Through the Fourth Amendment?
Stephen Viña
Substantial Notice Under the Digital Millennium Copyright Act
Pearson Liddell Jr. and William D. Eshee Jr.
The Lawyers’ Role in Selecting the President: A Complete Legal History of the 2000 Election
Lynne H. Rambo
Texas v. Cobb, The United States Supreme Court Limits the Sixth Amendment to Exonerate Innocent Suspects-Police Officers Acting in Good Faith
Michael E. Crowder
Wrongful Death Actions Based on Medical Negligence: How Long Do Minors Have To Sue for the Death of a Parent?
Rebecca L. Lewis
From Marbury v. Madison to Bush v. Gore: 200 Years of Judicial Review in the United States
Stephen R. Alton
Dissent and Fallay in Dickerson v. United States
Rodney C. Roberts
Psychiatrists Have No Duty to Warn Third Parties of Patients' Threats: Tarasoff is Kicked Out of Texas... Finally!
Noreen M. Grant
Indian Tribes, Civil Rights, and Federal Courts
Robert D. Probasco
Cleaning Salt from the Victim's Wound: Mandamus as a Remedy for the Denial of a Victim's Right of Allocution
Nikki Morton
Joined at the Hip: The Nondelegation Doctrine and the Principles of Deference-The Struggle for Power has the EPA Caught in the Middle
Tracey L. Cloutier
Citation Form in Transition: The ALWD Citation Manual
Vickie Rainwater
Putative Spouses In Texas Courts
John W. Carlson
To Donate or Not to Donate Your Organs: Texas Can Decide For You When You Cannot Decide For Yourself
Jennifer Rutherford-McClure
Advertising Injury Coverage Analysis for Trademark and Trade Dress Infringement Claims in Texas: As Easy as One, Two, Three
Bryon L. Romine
Death Penalty: Texas Law - Subsequent Writs and Abuse of the Writ Doctrine in Texas
Charles M. Mallin
Clemency in Texas - A Question of Mercy?
Allen L. Williamson
Three Worlds Collide: A Novel Approach to the Law, Literature, and Psychology of Shame
Deni Smith Garcia
The Theory of "Involuntary" Contracts: The Judicial Rewriting of Unreasonable Covenants Not to Compete
Samuel C. Damren
The Unfortunate Faith: A Solution to the Unwarranted Reliance Upon Eyewitness Testimony
William David Gross
The Cooperative Venture: Revisiting the Relationship Between the Royalty and Working Interest in Texas
Douglas R. Johnson
The Ties That Bind: Preemptive Rights and Restraints on Alienation That Commonly Burden Oil and Gas Properties
Terry I. Cross
The Missing Link in Royalty Analysis: An Essay on Resolving Value-Based Royalty Disputes
David E. Pierce
Geophysical "Trespass" Revisited
Owen L. Anderson
Use of Another's Trademark in a Web Page Meta Tag: Why Liability Should Not Ensue Under the Lanham Act for Trademark Infringement
Michael R. Sees
Frequent Flyer Awards as Taxable Income: Time to Pay the Tax Man
Sharon Alice Pouzar
Blackjack at Thirty Thousand Feet: America's Attempt to Enforce Its Ban On In-Flight Gambling Extraterritorially
Steven Grover
The Untenable Stricture: Pre-Mitigation Measurement Serves To Deny Protection Under the Americans With Disabilities Act
William Brent Shellhorse
Family Businesses and the Business of Families: A Consideration of the Role of the Lawyer
Steven H. Hobbs and Fay Wilson Hobbs
The Conversations About the Intersecting Institutions of Marriage
Gilbert A. Holmes
City of Sherman v. Henry: Is The Texas Constitutional Right of Privacy Still a Source of Protection for Texas Citizens?
Shelly L. Skeen
Risky Business: Rejecting Adherence to Industry Standards in Exclusive Songwriter Agreements
Tamera H. Bennett
Personal Jurisdiction in Texas and Internet Web-Sites
Kevin M. Faulkner
The Mighty Morphin Ninja Mallard: The Standard for Analysis of Derivative Work Infringement in the Digital Age
Timothy Everett Nielander
In "A Higher Power" We Trust: Alcoholics Anonymous as a Condition of Probation and Establishment of Religion
Byran K. Henry
Thermal Imaging Technology: Should Its Warrantless Use By Police Be Allowed in Residential Searches?
Mark J. Kwasowski
Taller and Better Looking Judges in Texas
Robert McGrath and Paula R. Moore
Enforcement of Commercial Leases: Evictions and Dealing with a Tenant's Personal Property
Thomas M. Whelan
A New Evidentiary Standard for Criminal Appellate Review: Clewis v. State
Earl R. Waddell III and Tracy L. Abell
Procedural Due Process for Texas Public School Students Receiving Disciplinary Transfers to Alternative Education Programs
Patty Blackburn Tillman
The MLIIA: Bad Medicine and Bad Law Is a Costly Combination for Texas Minors with Medical Death Claims
Melissa Lyn McLeod Hamrick
Beware, Migrating Spouses, Texas Lacks a Quasi-Community Property Statute: It Could Be a Long Cold Winter
Mark Evans Harden and Barbara A. Lindsay-Smith
America's Least Funny Home Videos: A Critique of the Kephart v. State Authentication Standard for Videotape Evidence
Stephen Jeffrey Chapman
Attorney Advertising in Texas: Regulations Mean Serious Business
Mitchel L. Winick, Debra Thomas, and Robin Sisco
Liability for Public Hospitals Under the Texas Tort Claims Act
Deborah Margaret Taylor
De Facto Merger in Texas: Reports of Its Death Have Been Greatly Exaggerated
Frank William McIntyre
Abolishing the Privity Doctrine in Texas - Just Do It!
Lief Kjehl Rasmussen
Ya'll Cain't Do That Here: Will Texas Recognize Same-Sex Marriages Validly Contracted in Other States?
Sondrea Joy King
Bogged Down Trying to Define Federal Wetlands
James J. S. Johnson, William Lee Logan III, and Marshall J. Horton
Statistics and the Law: Proving Lost Profits
Kevin S. Marshall and Kurt J. Beron
The Use of Statistical Inference to Establish Severance Damages in Condemnation Cases
John F. Shampton
Stare Decisis and Autran v. State
Austin Travis Williams
Judicial Notice of the Validity of Horizontal Gaze Nystagmus in Texas: Emerson v. State
James Rick Russell
An Historical Overview of Judicial Selection in Texas
Lance A. Cooper
Non-Actor Liability For Sexual Assaults in Texas and the Effect of Insurance on Recovery
Janet K. Colaneri and Bobbi Reilly
Against the Peace and Dignity of the State: Spousal Violence and Spousal Privilege
Malinda L. Seymore
Is Common Law Bad Faith Dead in Texas, or Simply Getting a Second Breath? The History of Bad Faith in Texas
David Lloyd (Trey) Harlin III
The MacCrate Report and the Teaching of Legal Research: A Justified Scenario for Educational Malpractice
Lydia M. V. Brandt
Mandatory Prelicensure Legal Internship: A Renewed Plea for Its Implementation in Light of the MacCrate Report
Stephen R. Alton
Exempt Security Offerings Available in Texas
Monte F. James
Race and the Death Penalty: The Tension Between Individualized Justice and Racially Neutral Standards
Chaka M. Patterson
Disproportionate or Excessive Punishments: Is There a Method for Successful Constitutional Challenges?
Kathi A. Drew and R. K. Weaver
The Environment, Free Trade, and Hazardous Waste: A Study of the U.S.-Mexico Border Environmental Problems in the Light of Free Trade
LaRue Corbin, Lisa Kirby, Bill Stith, and Debra Weldon
Judicial Creativity, Unenumerated Rights, and the Rule of Law
Steven M. Cooper
Needed Changes in Texas Venue Law
David Coale
When Myths Collide: An Analysis of Conflicting U.S.-Japanese Views on Economics, Law, and Values
David Broiles
Photography and the Work-for-Hire Doctrine
R. Scott Miller Jr.